Online Marketing and Sales — You Must Know These Rules
Do you find it difficult to navigate what is legal and what is not when it comes to online sales and marketing? Here we give you a little introduction to what you should think about.
Advertising in blogs and social media — here's how
The rules are quite clear: Advertising and other marketing should be designed and presented in such a way that it clearly appears as precisely marketing. In other words, covert advertising is not allowed. This is a typical problem encountered when it comes to sponsoring bloggers in social media. Because when the blogger gets paid (or any other kind of remuneration) for mentioning your product or service, that is, by definition, advertising. This also applies to advertising links. The blogger should then mark the post in question as advertising or advertisement. The marking must be located at the top and it must be so clear that users see it. In other social media, it should also be noticed. On Instagram, for example, you use #reklame as the first hashtag. The same goes for Facebook and similar channels.
Steer clear of fake user reviews
Here it is natural to mention user reviews (for example, on products in online stores). It is problematic, and a violation of the regulations on covert advertising, whether user reviews are fake, purchased, edited or premium-priced. If in doubt, the recommendation is that you label it as advertising.
For more information: Find the Consumer Authority's guidance on labelling advertising in social media here
Get consent before mass mailing of emails and SMS
The main rule is that you as a consumer should decide whether you want to receive advertising. For e-mail and SMS, it is therefore a requirement that you have prior consent from the consumer. Consent must be given expressly (that is, it requires an action from the user), and at the same time the person concerned must know what he is consenting to. In addition, recipients should be able to opt out at any time if they wish. You as an advertiser must later be able to document this consent.
No rule without exception: If the recipient is a customer in an existing customer relationship, this is an exception to the aforementioned rules. But the requirement then is that you have an ongoing agreement — that is, it should be about something more than a single purchase.
Competitions: Be aware of spam effect and remember to draw a winner
Online contests often generate good attendance and are an effective marketing measure. Competitions in advertising are allowed, even when they are subject to purchase (you must buy in order to participate). But you should take care that they are not misleading, that you do not violate the privacy of the participants or the spam provisions (by, for example, having contests based on sharing). In addition, of course, there must be a prize, and someone must win it.
Checklist for those who sell goods over the internet
If you run an online store selling goods to individuals, things become a little more complicated, and you have to deal with a number of new regulations. To simplify it a bit, the Consumer Ombudsman has prepared a good guide and checklist, where you can check (and possibly correct) that the regulations are followed. The regulations are quite specific, and address how the user should accept the terms of sale, how prices should be presented and how the order button should be designed. Furthermore, there are guides for order confirmation and payment information. The supervisor also says something about delivery, right of withdrawal and who will cover the return cost.
Check your online store by download the Consumer Supervisory Supervisor here
It's about folk customs
The rules may seem unnecessarily complicated, but the intention is good. All in all, it's about making the web the best possible place to be for all of us, through courtesy and mutual respect.
Helpful Resources:
The Consumer Supervisory Authority website: https://www.forbrukertilsynet.no
The Consumer Supervisory Authority's guidance on marketing via email and SMS.
The Marketing Act
E-commerce Act
The Right of Withdrawal Act
Intellectual Property Act
Unfair Trading Practices Regulation “The Blacklist”
Are you unsure whether your website complies with applicable regulations or whether your marketing activities are in line with legislation? Ask us for advice and we will respond or refer to the best of our ability. Get in touch for a no strings attached chat!
